Rajasthan Mandates Free Treatment for Acid Attack Victims in Private Hospitals

Jaipur– In a significant step towards protecting acid attack survivors, the Rajasthan government has issued comprehensive guidelines compelling private hospitals to provide immediate and entirely free medical treatment to victims, including reconstructive surgeries. The directive, released by the state's Medical and Health Department, ensures no denial of care and imposes severe penalties for non-compliance, drawing directly from recent Supreme Court mandates.

The guidelines were formally circulated on December 30, by the Principal Secretary of the Medical and Health Department, underscoring the state's commitment to timely intervention for victims who often face life-altering physical and psychological trauma. This move addresses longstanding gaps in healthcare access, where private facilities previously refused admission or demanded upfront payments, exacerbating victims' suffering.

This referral process must not delay care, ensuring the victim's condition is stabilized on-site. Furthermore, hospitals are required to issue a formal certificate post-primary treatment, which survivors can use to access ongoing care, reconstructive procedures, or benefits under government schemes like compensation funds.

The scope of "free treatment" extends far beyond basic emergency aid. It encompasses a holistic package: all necessary medications, hospital beds, nutritious meals during admission, and ancillary services essential for recovery. Critically, if reconstructive plastic surgery (also known as reconstructive surgery) is required to address burns, scarring, or deformities, it too must be provided at no cost, a provision aimed at restoring victims' physical appearance and functionality, which can involve multiple procedures over months or years. Officials emphasized that this comprehensive coverage is not limited to physical healing but supports the broader rehabilitation needs of survivors, predominantly young women targeted in such heinous attacks.

Non-compliance carries stringent repercussions. Any private hospital administration refusing treatment will face criminal proceedings under the Code of Criminal Procedure (CrPC), potentially leading to cases against operators for willful disobedience of judicial orders. The guidelines explicitly classify such refusals as contempt of court, aligning with national directives to deter negligence that has historically worsened outcomes for victims.

The policy is firmly rooted in Supreme Court jurisprudence, with the departmental circular citing two pivotal orders. The most recent, delivered on December 3, in the public interest litigation filed by the Acid Survivors Saahas Foundation against the Union of India, rebuked states for delays in compensation and enforcement of free care.

The apex court directed principal health secretaries across all states and Union Territories, including Rajasthan to monitor private hospitals' adherence, mandating immediate treatment without preconditions. It highlighted "severe gaps" in critical care, noting that survivors were often denied the mandatory ₹3 lakh compensation (₹1 lakh within 15 days for urgent needs and ₹2 lakh within two months for rehabilitation) and free medical aid in private setups.

This builds on foundational rulings, such as the 2015 Lakshmi vs. Union of India case, which first imposed acid sale regulations, minimum compensation norms, and the obligation for private hospitals to offer gratis treatment. Despite these, implementation lapses persisted, prompting ongoing PILs by advocacy groups like Saahas Foundation. The December verdict expressed judicial frustration over "persistent institutional failure," urging swift fund transfers and zero-tolerance for hospital refusals, which could now attract criminal liability.